RR (AP) (Appellant) v Secretary of State for Work and Pensions (Respondent) - The Supreme Court

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Case summary

Case ID

UKSC/2018/0224

Parties

Appellant(s)

Respondent(s)

Secretary of State for Work and Pensions

Intervener(s)

1) Equality and Human Rights Commission

2) Liberty, Child Poverty Action Group & Public Law Project

Issue

(1) Whether statutory authorities, including the First-tier Tribunal and Upper Tribunal, have the power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, so as not to violate a claimant’s rights under the European Convention on Human Rights; (2) if so, the extent to which the payment of discretionary housing payments are relevant to the task of the statutory authorities in calculating entitlement.

Facts

The appellant, RR, lives with his severely disabled partner in social sector rented accommodation with two bedrooms. On 5 March 2013 Sefton Borough Council decided that RR and his partner were under-occupying the accommodation and reduced his entitlement to housing benefit by 14% pursuant to Regulation 13B of the Housing Benefit Regulations 2006. RR appealed. The First-tier Tribunal held that RR required a second bedroom because of his partner’s disabilities and her need to accommodate medical equipment and supplies. The Upper Tribunal allowed the respondent’s appeal. The question arises as to what powers the tribunals have to interpret or disapply secondary legislation following the decision of the Court of Appeal in Carmichael v Secretary of State for Work and Pensions [2018] 1 WLR 3429.